1. Introduction & Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use our Services.
2. Eligibility & Parental Consent
You must be at least 16 years of age to use our Services. If you are a minor under the age of 18, you must have parental or guardian consent to use the Services. By creating an account, you confirm that you have such consent. We may require confirmation of consent at any time.
3. Changes to Terms
FYMAB Inc. or mindsherpa may modify these Terms at any time. If we make material changes, we will notify you via email or in-app notifications. Continued use of the Services after any changes constitutes acceptance of the revised Terms.
4. Privacy Policy
We collect and process personal data in accordance with our Privacy Policy, including contact and demographic information, usage data, wellness tracking entries, and AI chat interactions. We do not knowingly collect personal data from children under 16. If we learn that we have, we will delete it promptly.
5. Account Registration & Security
You may be required to create an account to access some features. You agree to provide accurate and complete information, maintain the confidentiality of your credentials, and notify us immediately if you suspect unauthorized access. You are solely responsible for all activities that occur under your account.
6. Use of Services
You agree to use the Services for lawful, personal, and non-commercial purposes only. You agree not to:
- Provide false, harmful, or infringing content, including hate speech, harassment, or illegal material.
- Attempt to bypass security features.
- Use our Services for training AI models, large language models, or other machine learning algorithms without express written permission.
- Use the Services to provide or receive professional healthcare services.
7. Information We Collect & How We Use It
We collect information you provide when you register, including your name, contact information, and optional demographic information. You may also access our Services using credentials from a third-party account, such as Google, Facebook, or Apple, which may allow us to access certain information from that account according to your privacy settings.
We use information to provide and manage the Services, communicate with you, analyze and improve the Services, and facilitate AI features. We may compile aggregated, de-identified data and retain non-identifiable patterns to improve the Services. We do not use your personal chat interactions to train AI models without your explicit consent.
8. Mental Health Professionals, Coaches & AI Features
If you register as a verified mental health professional, you agree to provide proof of licensure, not deliver clinical therapy or healthcare services through the platform, and acknowledge that your services are for wellness and educational purposes only.
Mindsherpa may include AI features such as chatbots. These are for wellness and informational purposes only. Advice provided by AI should not be considered medical, therapeutic, or legal advice. You acknowledge that AI content is generated algorithmically and may not be accurate or appropriate for your specific situation.
9. Content Ownership, Licenses & Intellectual Property
You retain ownership of content you submit. By submitting content, you grant FYMAB Inc. or mindsherpa a non-exclusive, worldwide, royalty-free, perpetual, and sublicensable license to use it to deliver the Services, derive insights from aggregated and anonymized data, and display or distribute content according to your sharing preferences.
All Mindsherpa content, branding, and software are the intellectual property of FYMAB Inc. or mindsherpa or its licensors. You may not copy, modify, distribute, or reverse-engineer any part of the Services unless authorized.
10. Subscription, Billing, Cancellation & Termination
FYMAB Inc. or Mindsherpa offers a 14-day free trial, after which you will be automatically charged a recurring subscription fee unless you cancel before the trial period ends. You can cancel at any time via your account settings. We use third-party payment processors and do not store full payment data on our servers. Refunds are not provided for partial billing periods unless required by law.
We may suspend or terminate your account if you breach these Terms, violate applicable laws, or misuse the AI or user systems. You may also delete your account at any time.
11. Disclaimers, Limitation of Liability & Indemnification
The Services are provided "as is." FYMAB Inc. or mindsherpa disclaims all warranties, including the warranties of fitness for a particular purpose and non-infringement. To the fullest extent permitted by law, FYMAB Inc. or mindsherpa is not liable for indirect, incidental, or consequential damages, or any loss of data, profits, or goodwill. Our liability is limited to the amount you have paid in the past 12 months.
You agree to indemnify and hold harmless FYMAB Inc. or mindsherpa, its affiliates, and their employees and agents from any claim arising from your use of the Services or breach of these Terms.
12. Dispute Resolution, Export & Jurisdiction
This agreement and any disputes arising from it will be governed by the laws of the Province of Ontario, Canada. You agree to resolve disputes through binding individual arbitration and waive the right to participate in class actions. Small claims court is permitted where applicable. Notices of disputes should be sent to info@mindsherpa.health.
FYMAB Inc. or mindsherpa is based in Canada. By using our Services, you agree to comply with Canadian and U.S. export controls and local laws. You are responsible for compliance with local regulations when accessing our Services from outside Canada.
13. Not a Crisis Service
If you are in crisis or require immediate help, do not use Mindsherpa. Call 911 or your local emergency number.
14. Contact
Questions about these Terms should be directed to info@mindsherpa.health.